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Patna High Court

Indal SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail, holding that the recovery does not prima facie constitute possession by the petitioners.

Summary

Indal Sahni and Ramesh Sahni were named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 145 litres of country-made liquor recovered from an open area. The petitioners contended that the liquor was not in their conscious possession and that their names were based solely on a chowkidar’s statement, with no independent witnesses to the seizure. They sought anticipatory bail, arguing clean antecedents and lack of direct possession. The State opposed the bail. The Court examined the factual submissions and noted that the recovery did not prima facie establish possession by the petitioners, and therefore granted anticipatory bail, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether the recovery of illicit liquor establishes possession sufficient to deny anticipatory bail.
  • Whether the petitioners are entitled to anticipatory bail under Section 438 of the CrPC in view of the facts.
  • Whether the lack of independent witnesses affects the validity of the seizure.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • BN S
  • excise law
  • bail bond
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45611 of 2026
                       Arising Out of PS. Case No.-86 Year-2026 Thana- Jaitpur District- Muzaffarpur
                 ======================================================
           1.     Indal Sahni S/o Rampravesh Sahni Resident of Village- Dhanpura, P.S.-
                  Jaitpur, District- Muzaffarpur.
           2.    Ramesh Sahni Son of Jaikaran Sahni Resident of Village- Dhanpura, P.S.-
                 Jaitpur, District- Muzaffarpur.

                                                                                       ... ... Petitioners
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners      :         Ms. Nitu Kumari, Adv.
                                                    Mr. Yogendra Kumar Singh, Adv.
                                                    Mr. Ratneshwar Prasad, Adv.
                 For the Opposite Party :           Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-07-2026                  Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. Both accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Jaitpur P.S.

                   Case No.86 of 2026 registered under Sections of 274 and

                   275 of Bharatiya Nyaya Sanhita (hereinafter referred as

                   ‘B.N.S.’, 2023) and 30(a) of Bihar Prohibition and Excise

                   Act.

                                3. Allegation against the petitioners is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 145 litres of IMFL/country-made liquor.
Patna High Court CR. MISC. No.45611 of 2026(2) dt.10-07-2026
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                        4. It is submitted by learned counsel appearing for

          the petitioners that alleged recovery of illicit liquor was made

          from the bushes(jhari) which is an open place accessible to

          general public. It is also submitted that the name of these

          petitioners arrayed solely on the disclosure made by the local

          chowkidar. It is further argued that recovery of illicit liquor

          was     not     made      from      conscious        possession   of   these

          petitioners. It is pointed out that no independent witness was

          associated with the search and seizure list and the seizure

          witnesses were police personnel themselves. Both petitioners

          claimed clean antecedent.

                        5. Learned APP opposed the prayer of anticipatory

          bail to the petitioners.

                        6. In view of aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of these

          petitioners, who are man of clean antecedent, accordingly,

          both petitioners, above-named, in the event of their arrest or

          surrender in the court below within a period of four weeks

          from today, are directed to be released on bail on furnishing
           Patna High Court CR. MISC. No.45611 of 2026(2) dt.10-07-2026
                                                       3/3




                     bail bond of Rs.10,000/- (Rupees Ten Thousand) each with

                     two sureties of the like amount each to the satisfaction of

                     learned      Exclusive       Special       Judge     Excise   Court-   II,

                     Muzaffarpur, in connection with Jaitpur P.S. Case No.86 of

                     2026, subject to the conditions as laid down under Section

                     438(2) of the CrPC/under Section 482(2) of the BNSS.


                                                        (Chandra Shekhar Jha, J.)

Aniket/-

U      T


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